Oklahoma Real Estate Commission comment, 4th qtr 2011, v.46 no.2

OFFICIAL PUBLICATION OF THE
Oklahoma Real Estate Commission Volume 46, 4th Quarter 2011, No. 2
Oklahoma Real Estate
Commission Comment
Payments to Associates by Closing/Title Companies
Special Notice to Branch Brokers, Broker
Managers and Proprietor Brokers
Real Estate Commission is Moving its
Office Location to Near the State Capitol
Oklahoma statute Title 59, Section 858-312,
paragraph 4 states that an associate can
accept a commission or other valuable
consideration for acts requiring a license only from
their sponsoring broker. The Commission has been
asked if an associate could receive compensation
directly from a closing/title company in lieu of
receiving it from the broker. The answer is yes as
long as written authorization is given by the broker to
the closing/title company. The broker must maintain
a copy of this authorization with their records for
production to the Commission. In the absence of
this written documentation, an associate or broker
could be found in violation by the Commission of the
aforementioned statute.
A word a caution to the sponsoring broker – The
direct payment of a commission or other valuation
consideration to an associate from a closing/title
company would not relieve the broker from providing
the associate with an IRS 1099 form reflecting total
compensation earned by such associate for a given year.
Beginning with the June 30, 2012 license renewals and
thereafter, you must show proof of 21 clock hours of
continuing education credit consisting of the following:
15 clock hours of Broker in Charge course
content, or its equivalent, as approved by the
Commission; and
2 of the 4 required subject matter courses (fair
housing, broker relationships, professional conduct,
hot topic) consisting of at least 6 clock hours.
This requirement also applies to a broker licensee
(broker associate or inactive broker) who held a branch
broker, broker manager, or broker proprietor license
type during any portion of their license term.
The Oklahoma Real Estate Commission will be
moving its office location on or about April 1, 2012
near the State Capitol in the Denver N. Davidson
Building, 2nd Floor, Suite 200, 1915 North Stiles
Avenue (just west of the intersection of NE 18th and
Lincoln Boulevard on Stiles Avenue). We will be in
transition during the last week of March and the first
week of April, so please call the Commission to verify
the office location. The office telephone number will
remain the same.
Parking is available on the east side of the building and
handicapped parking is available on the north side of
the building.
In this issue:
Chairman’s Corner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
Disciplinary Actions . Page 2
ARELLO Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3
License Renewal . Page 3
2
Commission Comment 4th Quarter 2011
The Oklahoma Real Estate Chairman’s Corner
Commission Comment
Official Publication of the
Oklahoma Real Estate Commission
Shepherd Mall
2401 N.W. 23rd, Suite 18
Oklahoma City, Okla. 73107-2431
(405) 521-3387
www.orec.ok.gov
THE COMMISSION
Stephen Sherman, Chairman............Okla. City
Pete Galbraith, Vice Chairman...........Sapulpa
Mike Cassidy..................................Okla. City
Charles Barnes...........................Midwest City
Randy Saunier...............................McAlester
Martin VanMeter..................................Durant
John Mosley..................................Chickasha
Anne M. Woody, Executive Director...... Staff
Address all communications to the
Commission Office
“Use your zip code and ours
when you write to us”
First of all, I want to thank my fellow Commissioners for giving
me the opportunity to serve as Chairman of the Commission
this fiscal year.
I want to address the Real Estate Commission’s role and efficacy
as I see it. My perspective of the Commission is from a layman’s
point of view, as the “public” member of the Board for almost 9
years. It seems that most licensees, and the public at large, may
not have a real appreciation for what the Commission does for
both the real estate sales/leasing industry and the consumer,
both of whom it serves.
The Commission’s primary purpose is to protect the public
from unscrupulous licensees and those individuals who practice
real estate without a valid license. In order for the Commission
to protect the public, the Commission promulgates and enforces laws, rules and
regulations, and provides licensees with numerous resources and information to assist
licensees in complying with them, including federal mandates.
Every time a new law is passed by the state legislature or in Washington, D.C. that
affects the real estate licensee, the Commission immediately researches what it means
to licensees, and provides licensees with new resources with which to comply with
new requirements, if any; and, in this regard, special continuing education workshops
are developed and delivered at no additional charge to licensees, funded through the
Education and Recovery Fund maintained and administered by the Commission.
It is interesting to note a few of the things that the Commission has done in furtherance
of the foregoing:
Over recent years, the Commission and various committees and task forces have:
1) developed more than twenty (20) contracts and related addenda, to standardize
and streamline the real estate transaction process, all to directly benefit licensees and
consumers; 2) researched the feasibility of errors and omissions insurance; 3) studied
the appropriateness of rebates and inducements in relation to a real estate transaction
(which included a consideration of the process and consequences in many other states);
and 4) investigated the possibility of creating a real estate research center, at the
university level, for the State of Oklahoma.
Not a Commission meeting goes by that the staff doesn’t advise us of new or continuing
processes that are in the works to streamline the services for licensees (e.g., online
license renewal, maintenance of licensees’ continuing education rosters, and an online
module to allow licensees to keep their personal contact information updated). Most
recently, the Commission staff began emailing license renewal notices to those licensees
who have a current email address on file in addition to the snail-mail that is sent to the
broker’s business address.
So, even though it should be clear from the foregoing that the Commission strives to
protect the public and serve the licensees, every so often the Commission gets a bad rap
by being seen as “Big Brother” – a case in point occurred a couple of years ago when
the Commission attempted to require non-licensees to comply with the requirements
of licensees, and not engage in “licensable” activities without being licensed (i.e.,
performing property management activities for nightly cabin rentals). This activity
arguably fell under the jurisdiction of the Commission, as tens of thousands of dollars
were being collected by unlicensed individuals (significance: funds not placed in a
regulated trust account) who, for a fee, managed property they did not own. After an
exhaustive attempt by the Commission to regulate this activity, legislation was passed
exempting this activity (with exceptions) from regulation.
Another matter of interest is how much work is expended by the staff when a complaint
against a licensee is filed at the Commission. Each complaint is reviewed to determine
if the Commission has jurisdiction and if it does, once investigated, the facts of the case
must substantiate the allegations. There is a structured and deliberate process that is
followed for each case that requires the participation and cooperation of all concerned
to include the complaining consumer, the licensee, and the Commission staff. The
steps taken by staff to ensure process compliance, both at the investigation stage and
hearing stage, if applicable, is impressive; the staff works very hard in interviewing
Stephen Sherman
BY ORDER OF THE COMMISSION
DISCIPLINARY ACTIONS AS OF
November 2011
APRIL 2011
C-2009-047: Real Solutions
Realty Llc, Mary Gardner
Pointon (Bm) and William Travis
Pointon (Sa) – Newalla
William Travis Pointon in violation of:
• Title 59 O.S. §858-312, Subsection
4, in that he received and accepted
commissions and/or other valuable
consideration from Real Estate Magic
LLC, who was not the sponsoring
broker with whom he was associated.
Real Solutions Realty LLC and Marty
Gardner Pointon in violation of:
• Title 59 O.S. §858-312, Subsections 8
and 9 and Rule 605:10-17-4(6), in that
they failed to properly supervise the
activities of William Pointon.
The Commi s sion ordered that
Respondents Real Solutions Realty LLC,
Mary Pointon and William Pointon be
assessed an administrative fine of Two
Hundred Dollars ($200.00) each, for a
grand total of Six Hundred Dollars
($600.00).
Mary Pointon (BM) and William Pointon
(SA) were revoked effective 7-18-2011 for
non-payment of fine.
continued on page 3 continued on page 6
3
Commission Comment 4th Quarter 2011
ARELLO stands for the Association of Real Estate License
Law Officials which is an international organization of real
estate regulators.
Commissioner Martin VanMeter, broker member from
Durant has been elected to serve on the ARELLO Board
of Directors for 2011 and 2012. Martin served on various
ARELLO workgroups to include chairman of the Auction
Advisory Group and co-chairman of the Fair Housing
Committee last year. Other workgroups he has served on
include Membership, Global Membership and the Program
Committee.
ARELLO’s greatest asset to the Commission is
the networking opportunities with other regulators
over licensing and process issues, qualifications and
professional conduct standards, as well as staying abreast
with the latest schemes and scams created by licensees
nationally and internationally.
Commission Begins Emailing Licensees
Regarding Upcoming License Renewal
Arello Update
The Commission has begun the process of emailing notices to
licensees regarding their upcoming license renewals. Beginning
with the September 2011 renewals, licensees (who had a current
email address on file at the Commission via the USPS) began
receiving an additional renewal notice. The notice advises the
licensee that their license renewal postcard has been mailed out
by Commission. It also advises the licensee that if they are an
active associate, the renewal notice will be sent to the broker’s
address. If the licensee is on inactive status, the renewal notice
will be sent to the address on record for the licensee. The notice
regarding an upcoming license renewal is sent from email@
orec.ok.gov.
If you are interested in receiving the additional email notice,
along with other important news releases, please go to the
Commission’s web page and click on the red box to ensure
that your personal contact information is up-to-date.
MAY 2011
C-2010-038: Douglas L. Willcox (BM)
– Bixby
Violations by respondent:
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-9-4(c)(1), in that he failed to
disclose on all documents pertaining to the
purchase of 2910 West 66th Street, Tulsa,
Oklahoma that he held a real estate license.
Douglas L. Willcox consented to payment of
an administrative fine in the amount of Two
Hundred Fifty Dollars ($250.00).
C-2009-057: Metro First Realty Llc,
Maurice L. Shepherd (BM), Metro
First Realty Llc (BO), Robert
D. Cowger (BB) And Melinda Ann
Stevenson (SA) – Oklahoma City And
Edmond
Maurice Shepherd in violation of:
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-17-4(6), in that he failed
to properly supervise the activities of
Respondent Melinda Stevenson, concerning
the Wolf Creek property and apartment
locator service.
Robert Cowger in violation of:
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-17-4(6), in that he failed
to properly supervise the activities of
Respondent Melinda Stevenson, concerning
the Wolf Creek property and apartment
locator service.
Melinda Stevenson in violation of:
• Title 59 O.S. §858-312, Subsections 8 and
9, in that she engaged in a repeated pattern
of conduct of using her real estate license
and making false statements to induce
individuals to enter into real estate contracts
with her, concerning the Wolf Creek,
Simmons, South McArthur, 206th Street
and Horseshoe Road properties;
• Title 59 O.S. §858-312, Subsections 6, 8 and
9 and Rule 605:10-13-2, in that she failed
to deliver earnest money to her broker,
concerning the White Pine Circle property;
• Title 59 O.S. §858-312, Subsection 9
and Rule 605:10-9-4(b), in that she
failed to identify her broker in a written
advertisement in connection with the
Apartment Locater Service;
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-11-2(g), in that she relocated
her residence on multiple occasions without
notifying the Commission of her change of
address(es);
• Title 59 O.S. §858-312, Subsections 2, 8
and 9 and Rule 605:10-17-5(1), in that she
submitted a fraudulent document for the
purpose of inducing a lender to loan a sum
of money in connection with the Wolf Creek
property;
• Title 59 O.S. §858-312, Subsections 6 and
9, in that she failed to furnish copies of a
real estate purchase contract to the seller
in connection with the White Pine Circle
property;
• Title 59 O.S. §858-353, in that she failed to
identify herself as a “transaction broker”
on a transaction in which she was the
purchaser, and in which she represented
and advocated on behalf of herself, in
connection with the Wolf Creek property;
• Title 59 O.S. §858-312, Subsections 8
and 9 and Rule 605:10-11-1, in that she
conducted real estate transactions outside
the supervision of her broker in connection
with the Wolf Creek, Simmons, 206th Street
and White Pine Circle properties, as well as
the Apartment Locator Service;
• Title 59 O.S. §858-312, Subsections 4 and
9 and Rule 605:10-13-2(12), in that she
accepted a commission as a real estate
associate for the performance of real estate
activities from a person other than her
broker in connection with the 206th Street
property;
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-17-4(16), in that she failed
to obtain the owner’s permission prior to
moving her personal property into the 206th
Street property which she had contracted to
purchase;
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-9-4(c)(1), in that she failed to
disclose on all documents pertaining to the
purchase of Simmons property that she was
a real estate licensee; and
• Title 59 O.S. §858-353, in that she failed
to comply with the broker relationship
disclosure requirements in connection with
her purchase contract dated March 28, 2009,
regarding the Wolf Creek property.
The Commission ordered the following
sanctions:
1. That Respondent Maurice L. Shepherd be
given a letter of reprimand and assessed
an administrative fine of Five Hundred
Dollars ($500.00);
2. That Respondent Robert D. Cowger be
given a letter of reprimand and assessed
an administrative fine of Five Hundred
Dollars ($500.00);
3. That Respondent Melinda Ann Stevenson
be assessed an administrative fine of Five
Thousand Dollars ($5,000.00); and
4. That the real estate sales associate license
of Respondent Melinda Ann Stevenson be
revoked.
continued on page 4
Disciplinary Action continued from page 2
4
Commission Comment 4th Quarter 2011
C-2010-016: Dennis Michael Barry
(BM) and Jennifer C. Barry (SA) –
Edmond
Dennis M. Barry in violation of:
• Title 59 O.S. §858-312, Subsections 8, 9 and
19, in that he entered a plea of guilty to the
criminal charge of conspiracy to commit
bank fraud (United States District Court
for the Western District of Oklahoma Case
Number CR-09-273-2-R); and
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-9-5, in that he failed to notify
and file a change of address for his business
with the Commission within ten (10) days of
the change of address.
The Commission ordered the following
sanctions against Dennis M. Barry:
1. The real estate broker license of
Respondent Dennis Michael Barry be
revoked;
2. The Oklahoma real estate sales associate
license of Respondent Dennis Barry be
suspended for a period of five (5) years,
with four (4) years and eight (8) months
suspended;
3. Upon completion of the per iod of
suspension (4 months), the Oklahoma
Real Estate Sales Associate license
of Respondent Dennis Barry will be
reinstated;
4. The Respondent Dennis Barry be required
to comply with all terms and provisions of
the sentence rendered by the United States
District Court for the Western District of
Oklahoma (CR-09-273-2-R);
5. Respondent Dennis Barry be placed on
probation until February 2, 2015;
6. Respondent Dennis Barry be required to
attend and complete within six (6) months
from the date of receipt of the Final Order,
three (3) hours of continuing education
concerning the subject of “Professional
Standards”;
7. Respondent Dennis Barry be required to
attend and complete, within six (6) months
from the date of receipt of the Final Order,
three (3) hours of continuing education
concerning the subject of “Laws and
Rules”;
8. Respondent Dennis Barry be required to
“self-report any violation of his probation
within ten (10) days of the occurrence; and
9. Respondent Dennis Barry be required to
provide a written quarterly report to the
Commission, informing the Commission
as to the status of his restitution payments,
until the restitution has been fully satisfied.
Jennifer C. Barry in violation of:
• Title 59 O.S. §858-312, Subsections 8, 9 and
19, in that she pled guilty to the criminal
charge of conspiracy to commit bank fraud,
in the United States District Court for
the Western District of Oklahoma (Case
Number CR-09-273-2-R).
The Commission ordered the following
sanctions against Jennifer Barry:
1. The Oklahoma real estate sales associate
l icense of Jennifer Bar ry shall be
suspended for a period of four (4) years,
with three (3) years and eight (8) months
suspended;
2. That upon completion of the suspension,
the Oklahoma real estate sales associate
license of Jennifer Barry will be reinstated;
3. That Jennifer Barry shall be placed on
probation until February 2, 2015;
4. That Jennifer Barry shall be required
to attend and complete three (3) hours
of continuing education concerning the
subject of “Professional Standards, and
that the continuing education be completed
within six (6) months from the date of
receipt of the Final Administrative Order;
5. That Jennifer Barry shall be required
to attend and complete three (3) hours
of continuing education concerning the
subject of “Laws and Rules”, and that the
continuing education be completed within
six (6) months from the date of receipt of
the Final Administrative Order;
6. That Jennifer Barry shall be required to
“self-report” any violation of her probation
with the United States District Court for
the Western District of Oklahoma, new
arrest(s) and/or charges within ten (10)
days of its occurrence, and
7. That Jennifer Barry shall be required to
provide a written quarterly report to the
Commission, informing the Commission
as to the status of her restitution payments,
until full restitution has been satisfied.
C-2009-039: April Louise Hickey (SA) –
Okmulgee
April Louise Hickey in violation of:
• Title 59 O.S. §858-312 Subsections 8, 9
and 15, in that her Declaration in an action
before the Department of Real Estate in
the State of California (Case Number
H-5334 SAC), in which she stated that the
allegations made against her consisting
of substantial misrepresentations, fraud
and dishonest dealings in violation of the
Business and Professions Code of the State
of California could be considered as true
and correct.
April Louise Hickey (SA) license was
revoked 6-30-2011.
C-2008-077: Carolyn Harris
Realty Incorporated, Carolyn R.
Harris-Beck (BM), Pamela Denise
Vallandingham (BA) and Merrily
Darlene Short (SA) – Shawnee –
Carolyn Harris Realty Incorporated, Carolyn
Harris-Beck, Pamela Vallandingham and
Merrily Short in violation of:
Title 59 O.S. §858-312, Subsections 8 and 9
and Rules 605:10-17-4(3) and 605:10-17-4(12),
in that they failed to advise the complainant
of the discrepancies regarding the size of the
acreage which was being purchased by the
complainant.
Carolyn Harris Realty Incorporated and
Carolyn Harris-Beck in violation of:
• Title 59 O.S. §858-312, Subsections 8 and
9 and Rule 605:10-17-46), in that they
failed to properly supervise the activities
of respondents Pamela Vallandingham and
Merrily Short.
The Commission ordered that Respondents
Ca rolyn R. Ha r r i s -Be ck, Pamela
Vallandingham and Merrily Short be ordered
to pay an administrative fine of Five Hundred
Dollars ($500.00) each, for a total of One
Thousand Five Hundred Dollars ($1,500.00),
and to dismiss the case against Carolyn
Harris Realty Incorporated.
JUNE 2011
C-2011-024: Trina Tahir (BM) –
Oklahoma City
Violations by respondent:
Title 59 O.S. §858-312, Subsections 8 and
9, in that she entered into a Plea Agreement
in the United States District Court for the
Western District of Oklahoma, by the terms
of which she agreed to plead guilty to one (1)
count of violating 18 U.S.C §1956 (a)(1)(B)(i)
– Money Laundering.
The Oklahoma Real Estate broker license
of Respondent Trina Tahir was summarily
suspended, pending a formal hearing.
As of 12-09-11 the license suspension is still
in effect while respondent appeals the plea
entered in her Federal case.
AUGUST 2011
C-2010-015: Tamitha Lynn Powell (SA)
– Bartlesville
Violations by respondent:
• Title 59 O.S. §858-312, Subsections 8 and 9
and Rule 605:10-17-4 (12), in that she wrote
checks on real estate trust and operating
accounts belonging to Donna Barclay and/or
REMAX of Bartlesville, and converted the
funds to her personal use, and
• Title 59 O.S. §858-312, Subsections 2, 8
and 9, in that she stated that she performed
certain cleaning services on behalf of her
sponsoring broker, requested payment for
and accepted payment for those services
from her sponsoring broker, which services
were not actually performed.
Respondent Powell consented to the
revocation of her Oklahoma real estate sales
associate license.
C-2010-052: Chondra Michelle
Martinez (SA) – Tulsa
Respondent in violation of the following:
5
Commission Comment 4th Quarter 2011
• Title 59 O.S. §858-312, Subsections 6, 8 and
9 and Rule 605:10-13-2(1), in that she failed
to turn over earnest money and the signed
contract to her broker;
• Title 59 O.S. §858-312, Subsections 8
and 9 and Rule 605:10-17-4(4), in that she
prepared a contract that failed to contain the
proper dates, and
• Title 59 O.S. §858-301, in that she engaged
in real estate activities which require an
active license at a time during which her
license was on inactive status.
The Commission ordered that Respondent
Chondra Michel le Mar t inez pay an
administrative fine of One Thousand Dollars
($1,000.00) and that her Oklahoma real estate
sales associate license be revoked effective
09-12-11.
C-2010-059: Chondra Michelle
Martinez (SA) – Tulsa
Respondent in violation of the following:
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-17-4(9), in that she failed to
submit a written response to the complaint;
• Title 59 O.S. §858-312, Subsections 6, 8 and
9, in that she failed to account for or remit
monies coming into her possession which
belong to others;
• Title 59 O.S. §858-312, Subsections 8 and 9
and Rule 605:10-13-2(2), in that she failed to
provide a copy of the signed contract to the
complainant, and
• Title 59 O.S. §858-301, in that she engaged
in real estate activities which require an
active license at a time during which her
license was on inactive status.
The Commission ordered that Respondent
Chondra Michel le Mar t inez pay an
administrative fine of One Thousand Dollars
($1,000.00) and that her Oklahoma real estate
sales associate license be revoked effective
09-12-11.
C-2010-046: Ernie Philpott Realty
Incorporated, Paul L. Powell (BM),
Charley Mcgill (BA) and Gary B.
Surber (SA) – Chickasha
Ernie Philpott Realty Incorporated and Paul
L. Powell in violation of:
• Title 59 O.S. §858-312, Subsection 8 and
Rule 605:10-17-4(12), in that they provided
to the complainant a “Confirmation and
Acknowledgment of Disclosures of single
party broker with brokerage agreement”,
but provided to the Commission an altered
“Confirmation and Acknowledgment of
Disclosures of transaction broker without
written brokerage agreement”.
The Commission ordered that Respondents
Ernie Philpott Realty Incorporated and Paul
L. Powell each pay an administrative fine of
Two Hundred Fifty Dollars ($250.00) and that
the case against Charley McGill and Gary B.
Surber be dismissed.
C-2010-050: Realty Iii Incorporated,
Phil L. Edwards (BM) And Jeffrey
Scott Shaffer (SA) – Enid
Jeffrey Shaffer in violation of:
• Title 59 O.S. §858-312, Subsections 8 and 9
and Rule 605:10-17-4(20), in that he signed
the names of the complainant and her
husband to the Agreement for Extension of
Close of Escrow without the written consent
of the complainant.
The Commission ordered that Respondent
Jeffrey Shaffer pay an administrative fine
in the amount of Seven Hundred and Fifty
Dollars ($750.00) and complete six (6) hours
of continuing education, in addition to that
required by law.
The Commission also ordered that the case
against Realty III Incorporated and Phil
Edwards be dismissed.
U-2009-003: Remington Realty LLC
(Unlicensed) and Michael Remington
(Unlicensed) – Tulsa
Michael Remington in violation of:
• Title 59 O.S. §858-401, in that he engaged in
real estate activities while not possessing an
Oklahoma real estate license.
The Commission ordered that the case
against Respondent Remington Realty LLC
be dismissed, and that Respondent Michael
Remington pay a fine of Five Thousand
Dollars ($5,000.00).
No fine payment received; case forwarded
to Attorney General’s Office to pursue
collection.
UC-2009-004: T&T Properties
(Unlicensed), Redeanna Lynn Walker
(SA), Back Home Realty LLC And
Rebecca Floyd Martin (BM) –
Oklahoma City And Blanchard
Redeanna Lynn Walker in violation of:
• Title 59 O.S. §858-301 and Rule 605:10-17-
1, in that she managed rental properties,
collected rents and charged management
fees at a time when her license was on
inactive status.
The Commission ordered that Respondent
Redeanna Lynn Walker pay an administrative
fine of $1,000.00 and that her Oklahoma
real estate sales associate license be revoked
effective September 28, 2011. The case
against Respondents T&T Properties, Back
Home Realty LLC and Rebecca Floyd Martin
was dismissed.
SEPTEMBER 2011
C-2010-031: Todd Franklin Curtis (SA)
– Norman
Respondent in violation of:
• Title 59 O.S. §858-312, Subsections 6, 8 and
9 and Rules 605:10-13-2(1) and 605:10-17-
4(12), in that he failed to turn over the sum
of $23,635.50 he received as payment for
real estate-related services to his sponsoring
broker.
The Commission ordered that Respondent
Todd Cur t is be ordered to pay an
administrative fine of Five Thousand Dollars
($5,000.00) and that his Oklahoma real estate
sales associate license be revoked effective
December 1, 2011.
C-2010-055: The Alliance Real Estate
Group Incorporated, Regina M. Yager
(BM), The Alliance Real Estate
Group Incorporated (BO), H. Leon
Brown (BB) and Brenda Ann Meadors
(SA) – Oklahoma City
Brenda A. Meadors in violation of:
• Title 59 O.S. §858-312, Subsections 2, 8 and
9 and Rules 605:10-17-5(2) and 605:10-17-
4(12), in that she failed to furnish copies of
the second (amended) inspection report to
the complainant.
Respondents The Alliance Real Estate Group
Incorporated, Regina M. Yager, The Alliance
Real Estate Group Incorporated (BO) and H.
Leon Brown were found to be in violation of
the following:
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-17-4(6), in that they failed to
properly supervise the activities of Brenda
A. Meadors.
The Commission ordered that That
Respondents Alliance Real Estate Group
Incorporated, Regina Yager, Al l iance
Real Estate Group Incorporated (BO), H.
Leon Brown and Brenda Meadors pay an
administrative fine of One Thousand Dollars
($1,000.00) each, and that Respondent
Meadors successfully complete six (6) hours
of continuing education within six (6) months
of receipt of the final order.
C-2010-071: Metro Properties LLC,
Angela M. Penry (BM), ABW Edmond
Incorporated and Susan Kessler
Miller (BM) – Oklahoma City and
Edmond
Angela Penry in violation of the following:
• Title 59 O.S. §858-312, Subsections 6, 8
and 9 and Rule 605:10-13-1, in that she
failed to remit to the complainant the sum of
$1,100.00 in rental proceeds which had been
collected by her;
• Title 59 O.S. §858-312, Subsections 8 and 9
and Rule 605:10-17-4(9), in that she failed
to remit to the complainant the sum of
$1,100.00 in rental proceeds which had been
collected by her;
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605: 10-9-5(c), in that she failed to
notify the Commission of a change in her
residence address within ten (10) days;
• Title 59 O.S. §858-356, in that she failed
to comply with the broker relationship
disclosure requirements in connection with
continued on page 6
6
This publication, printed by The University of Oklahoma Printing Services, is issued by the Oklahoma Real Estate Commission as authorized by Anne M. Woody,
Executive Director. 19,200 copies have been prepared and distributed at no cost to the taxpayers of the State of Oklahoma. The entire cost of preparing this publication
has been borne by the Real Estate Licensees through their Education and Recovery Fund Fees. Copies have been deposited with the Publications Clearinghouse of the
Oklahoma Department of Libraries.
Go online at http://www.orec.ok.gov/renewal to view the status of your continuing education.
OKLAHOMA REAL ESTATE COMMISSION
Shepherd Mall
2401 N.W. 23rd Street, Suite 18
Oklahoma City, Oklahoma 73107-2431
Presorted Standard
U. S. Postage
PAID
Permit #317
Oklahoma City, OK 731
the property management agreement
entered into with the complainant on the
date of October 7, 2007, and
• Title 59 O.S. §858-312, Subsections
8 and 9 and Rule 605:10-17-4(17), in
that she provided false or misleading
information to the Commission
during the course of an investigation
by informing the Commission that
check number 6019, payable to the
complainant in the sum of $550.00
and written on the account of Metro
Properties LLC, had cleared her bank
on April 19, 2010, when, in fact, the
check had been returned due to
insufficient funds.
The Commission ordered that the
Oklahoma real estate licenses of Metro
Properties LLC and Angela M. Penry be
revoked effective 11-01-11 and the case
dismissed on ABW Edmond Inc. and
Susan Miller.
NOVEMBER 2011
UC-2010-001: Amanda Dailey
(Unlicensed) and Donald Richard
Jones (BP) – Dallas, Tx
Amanda Dailey in violation of:
• Title 59 O.S. §858-301, Title 59 O.S.
§858-312, Subsection 9 a nd Rule
605:10-7-1, in that she engaged in
real estate activities in the State of
Oklahoma without possessing an
Oklahoma real estate license.
Donald Jones in violation of:
• Title 59 O.S. §858-312, Subsections 7,
9 and 14 and Rule 605:10-7-1, in that he
permitted an unlicensed individual to
act as a sales associate.
The Commi s sion ordered tha t
Respondent Amanda Dai ley and
Respondent Donald Jones each pay an
administrative fine of One Thousand
Dollars ($1,000.00).
Disciplinary Action continued from page 5
the complainant, the licensee, his or her
broker, witnesses, reviewing all pertinent
documents and so on, all in an effort to
determine what really happened in order to
arrive at an appropriate disposition.
After considering the foregoing, and many
other things too numerous to mention, I
want to express my gratitude to both the
Commissioners and the staff. Suffice it
to say that I believe that the Commission
does a wonderful job in regulating the real
estate industry, while at the same time
balancing the public’s rights to protection
and transparency, and the licensees’ rights
to make a living while acting within the
parameters established by the legislature
and the Commission. The Commission at
large, and particularly the staff, do a very
fine job indeed balancing these rights and
entitlements, serving both masters in the
operation of a well-oiled machine. It is a
privilege to participate in this process, and
I invite all of you to attend a Commission
meeting to witness the process first hand.
Chairman’s Corner continued from page 2

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OFFICIAL PUBLICATION OF THE
Oklahoma Real Estate Commission Volume 46, 4th Quarter 2011, No. 2
Oklahoma Real Estate
Commission Comment
Payments to Associates by Closing/Title Companies
Special Notice to Branch Brokers, Broker
Managers and Proprietor Brokers
Real Estate Commission is Moving its
Office Location to Near the State Capitol
Oklahoma statute Title 59, Section 858-312,
paragraph 4 states that an associate can
accept a commission or other valuable
consideration for acts requiring a license only from
their sponsoring broker. The Commission has been
asked if an associate could receive compensation
directly from a closing/title company in lieu of
receiving it from the broker. The answer is yes as
long as written authorization is given by the broker to
the closing/title company. The broker must maintain
a copy of this authorization with their records for
production to the Commission. In the absence of
this written documentation, an associate or broker
could be found in violation by the Commission of the
aforementioned statute.
A word a caution to the sponsoring broker – The
direct payment of a commission or other valuation
consideration to an associate from a closing/title
company would not relieve the broker from providing
the associate with an IRS 1099 form reflecting total
compensation earned by such associate for a given year.
Beginning with the June 30, 2012 license renewals and
thereafter, you must show proof of 21 clock hours of
continuing education credit consisting of the following:
15 clock hours of Broker in Charge course
content, or its equivalent, as approved by the
Commission; and
2 of the 4 required subject matter courses (fair
housing, broker relationships, professional conduct,
hot topic) consisting of at least 6 clock hours.
This requirement also applies to a broker licensee
(broker associate or inactive broker) who held a branch
broker, broker manager, or broker proprietor license
type during any portion of their license term.
The Oklahoma Real Estate Commission will be
moving its office location on or about April 1, 2012
near the State Capitol in the Denver N. Davidson
Building, 2nd Floor, Suite 200, 1915 North Stiles
Avenue (just west of the intersection of NE 18th and
Lincoln Boulevard on Stiles Avenue). We will be in
transition during the last week of March and the first
week of April, so please call the Commission to verify
the office location. The office telephone number will
remain the same.
Parking is available on the east side of the building and
handicapped parking is available on the north side of
the building.
In this issue:
Chairman’s Corner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
Disciplinary Actions . Page 2
ARELLO Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3
License Renewal . Page 3
2
Commission Comment 4th Quarter 2011
The Oklahoma Real Estate Chairman’s Corner
Commission Comment
Official Publication of the
Oklahoma Real Estate Commission
Shepherd Mall
2401 N.W. 23rd, Suite 18
Oklahoma City, Okla. 73107-2431
(405) 521-3387
www.orec.ok.gov
THE COMMISSION
Stephen Sherman, Chairman............Okla. City
Pete Galbraith, Vice Chairman...........Sapulpa
Mike Cassidy..................................Okla. City
Charles Barnes...........................Midwest City
Randy Saunier...............................McAlester
Martin VanMeter..................................Durant
John Mosley..................................Chickasha
Anne M. Woody, Executive Director...... Staff
Address all communications to the
Commission Office
“Use your zip code and ours
when you write to us”
First of all, I want to thank my fellow Commissioners for giving
me the opportunity to serve as Chairman of the Commission
this fiscal year.
I want to address the Real Estate Commission’s role and efficacy
as I see it. My perspective of the Commission is from a layman’s
point of view, as the “public” member of the Board for almost 9
years. It seems that most licensees, and the public at large, may
not have a real appreciation for what the Commission does for
both the real estate sales/leasing industry and the consumer,
both of whom it serves.
The Commission’s primary purpose is to protect the public
from unscrupulous licensees and those individuals who practice
real estate without a valid license. In order for the Commission
to protect the public, the Commission promulgates and enforces laws, rules and
regulations, and provides licensees with numerous resources and information to assist
licensees in complying with them, including federal mandates.
Every time a new law is passed by the state legislature or in Washington, D.C. that
affects the real estate licensee, the Commission immediately researches what it means
to licensees, and provides licensees with new resources with which to comply with
new requirements, if any; and, in this regard, special continuing education workshops
are developed and delivered at no additional charge to licensees, funded through the
Education and Recovery Fund maintained and administered by the Commission.
It is interesting to note a few of the things that the Commission has done in furtherance
of the foregoing:
Over recent years, the Commission and various committees and task forces have:
1) developed more than twenty (20) contracts and related addenda, to standardize
and streamline the real estate transaction process, all to directly benefit licensees and
consumers; 2) researched the feasibility of errors and omissions insurance; 3) studied
the appropriateness of rebates and inducements in relation to a real estate transaction
(which included a consideration of the process and consequences in many other states);
and 4) investigated the possibility of creating a real estate research center, at the
university level, for the State of Oklahoma.
Not a Commission meeting goes by that the staff doesn’t advise us of new or continuing
processes that are in the works to streamline the services for licensees (e.g., online
license renewal, maintenance of licensees’ continuing education rosters, and an online
module to allow licensees to keep their personal contact information updated). Most
recently, the Commission staff began emailing license renewal notices to those licensees
who have a current email address on file in addition to the snail-mail that is sent to the
broker’s business address.
So, even though it should be clear from the foregoing that the Commission strives to
protect the public and serve the licensees, every so often the Commission gets a bad rap
by being seen as “Big Brother” – a case in point occurred a couple of years ago when
the Commission attempted to require non-licensees to comply with the requirements
of licensees, and not engage in “licensable” activities without being licensed (i.e.,
performing property management activities for nightly cabin rentals). This activity
arguably fell under the jurisdiction of the Commission, as tens of thousands of dollars
were being collected by unlicensed individuals (significance: funds not placed in a
regulated trust account) who, for a fee, managed property they did not own. After an
exhaustive attempt by the Commission to regulate this activity, legislation was passed
exempting this activity (with exceptions) from regulation.
Another matter of interest is how much work is expended by the staff when a complaint
against a licensee is filed at the Commission. Each complaint is reviewed to determine
if the Commission has jurisdiction and if it does, once investigated, the facts of the case
must substantiate the allegations. There is a structured and deliberate process that is
followed for each case that requires the participation and cooperation of all concerned
to include the complaining consumer, the licensee, and the Commission staff. The
steps taken by staff to ensure process compliance, both at the investigation stage and
hearing stage, if applicable, is impressive; the staff works very hard in interviewing
Stephen Sherman
BY ORDER OF THE COMMISSION
DISCIPLINARY ACTIONS AS OF
November 2011
APRIL 2011
C-2009-047: Real Solutions
Realty Llc, Mary Gardner
Pointon (Bm) and William Travis
Pointon (Sa) – Newalla
William Travis Pointon in violation of:
• Title 59 O.S. §858-312, Subsection
4, in that he received and accepted
commissions and/or other valuable
consideration from Real Estate Magic
LLC, who was not the sponsoring
broker with whom he was associated.
Real Solutions Realty LLC and Marty
Gardner Pointon in violation of:
• Title 59 O.S. §858-312, Subsections 8
and 9 and Rule 605:10-17-4(6), in that
they failed to properly supervise the
activities of William Pointon.
The Commi s sion ordered that
Respondents Real Solutions Realty LLC,
Mary Pointon and William Pointon be
assessed an administrative fine of Two
Hundred Dollars ($200.00) each, for a
grand total of Six Hundred Dollars
($600.00).
Mary Pointon (BM) and William Pointon
(SA) were revoked effective 7-18-2011 for
non-payment of fine.
continued on page 3 continued on page 6
3
Commission Comment 4th Quarter 2011
ARELLO stands for the Association of Real Estate License
Law Officials which is an international organization of real
estate regulators.
Commissioner Martin VanMeter, broker member from
Durant has been elected to serve on the ARELLO Board
of Directors for 2011 and 2012. Martin served on various
ARELLO workgroups to include chairman of the Auction
Advisory Group and co-chairman of the Fair Housing
Committee last year. Other workgroups he has served on
include Membership, Global Membership and the Program
Committee.
ARELLO’s greatest asset to the Commission is
the networking opportunities with other regulators
over licensing and process issues, qualifications and
professional conduct standards, as well as staying abreast
with the latest schemes and scams created by licensees
nationally and internationally.
Commission Begins Emailing Licensees
Regarding Upcoming License Renewal
Arello Update
The Commission has begun the process of emailing notices to
licensees regarding their upcoming license renewals. Beginning
with the September 2011 renewals, licensees (who had a current
email address on file at the Commission via the USPS) began
receiving an additional renewal notice. The notice advises the
licensee that their license renewal postcard has been mailed out
by Commission. It also advises the licensee that if they are an
active associate, the renewal notice will be sent to the broker’s
address. If the licensee is on inactive status, the renewal notice
will be sent to the address on record for the licensee. The notice
regarding an upcoming license renewal is sent from email@
orec.ok.gov.
If you are interested in receiving the additional email notice,
along with other important news releases, please go to the
Commission’s web page and click on the red box to ensure
that your personal contact information is up-to-date.
MAY 2011
C-2010-038: Douglas L. Willcox (BM)
– Bixby
Violations by respondent:
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-9-4(c)(1), in that he failed to
disclose on all documents pertaining to the
purchase of 2910 West 66th Street, Tulsa,
Oklahoma that he held a real estate license.
Douglas L. Willcox consented to payment of
an administrative fine in the amount of Two
Hundred Fifty Dollars ($250.00).
C-2009-057: Metro First Realty Llc,
Maurice L. Shepherd (BM), Metro
First Realty Llc (BO), Robert
D. Cowger (BB) And Melinda Ann
Stevenson (SA) – Oklahoma City And
Edmond
Maurice Shepherd in violation of:
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-17-4(6), in that he failed
to properly supervise the activities of
Respondent Melinda Stevenson, concerning
the Wolf Creek property and apartment
locator service.
Robert Cowger in violation of:
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-17-4(6), in that he failed
to properly supervise the activities of
Respondent Melinda Stevenson, concerning
the Wolf Creek property and apartment
locator service.
Melinda Stevenson in violation of:
• Title 59 O.S. §858-312, Subsections 8 and
9, in that she engaged in a repeated pattern
of conduct of using her real estate license
and making false statements to induce
individuals to enter into real estate contracts
with her, concerning the Wolf Creek,
Simmons, South McArthur, 206th Street
and Horseshoe Road properties;
• Title 59 O.S. §858-312, Subsections 6, 8 and
9 and Rule 605:10-13-2, in that she failed
to deliver earnest money to her broker,
concerning the White Pine Circle property;
• Title 59 O.S. §858-312, Subsection 9
and Rule 605:10-9-4(b), in that she
failed to identify her broker in a written
advertisement in connection with the
Apartment Locater Service;
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-11-2(g), in that she relocated
her residence on multiple occasions without
notifying the Commission of her change of
address(es);
• Title 59 O.S. §858-312, Subsections 2, 8
and 9 and Rule 605:10-17-5(1), in that she
submitted a fraudulent document for the
purpose of inducing a lender to loan a sum
of money in connection with the Wolf Creek
property;
• Title 59 O.S. §858-312, Subsections 6 and
9, in that she failed to furnish copies of a
real estate purchase contract to the seller
in connection with the White Pine Circle
property;
• Title 59 O.S. §858-353, in that she failed to
identify herself as a “transaction broker”
on a transaction in which she was the
purchaser, and in which she represented
and advocated on behalf of herself, in
connection with the Wolf Creek property;
• Title 59 O.S. §858-312, Subsections 8
and 9 and Rule 605:10-11-1, in that she
conducted real estate transactions outside
the supervision of her broker in connection
with the Wolf Creek, Simmons, 206th Street
and White Pine Circle properties, as well as
the Apartment Locator Service;
• Title 59 O.S. §858-312, Subsections 4 and
9 and Rule 605:10-13-2(12), in that she
accepted a commission as a real estate
associate for the performance of real estate
activities from a person other than her
broker in connection with the 206th Street
property;
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-17-4(16), in that she failed
to obtain the owner’s permission prior to
moving her personal property into the 206th
Street property which she had contracted to
purchase;
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-9-4(c)(1), in that she failed to
disclose on all documents pertaining to the
purchase of Simmons property that she was
a real estate licensee; and
• Title 59 O.S. §858-353, in that she failed
to comply with the broker relationship
disclosure requirements in connection with
her purchase contract dated March 28, 2009,
regarding the Wolf Creek property.
The Commission ordered the following
sanctions:
1. That Respondent Maurice L. Shepherd be
given a letter of reprimand and assessed
an administrative fine of Five Hundred
Dollars ($500.00);
2. That Respondent Robert D. Cowger be
given a letter of reprimand and assessed
an administrative fine of Five Hundred
Dollars ($500.00);
3. That Respondent Melinda Ann Stevenson
be assessed an administrative fine of Five
Thousand Dollars ($5,000.00); and
4. That the real estate sales associate license
of Respondent Melinda Ann Stevenson be
revoked.
continued on page 4
Disciplinary Action continued from page 2
4
Commission Comment 4th Quarter 2011
C-2010-016: Dennis Michael Barry
(BM) and Jennifer C. Barry (SA) –
Edmond
Dennis M. Barry in violation of:
• Title 59 O.S. §858-312, Subsections 8, 9 and
19, in that he entered a plea of guilty to the
criminal charge of conspiracy to commit
bank fraud (United States District Court
for the Western District of Oklahoma Case
Number CR-09-273-2-R); and
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-9-5, in that he failed to notify
and file a change of address for his business
with the Commission within ten (10) days of
the change of address.
The Commission ordered the following
sanctions against Dennis M. Barry:
1. The real estate broker license of
Respondent Dennis Michael Barry be
revoked;
2. The Oklahoma real estate sales associate
license of Respondent Dennis Barry be
suspended for a period of five (5) years,
with four (4) years and eight (8) months
suspended;
3. Upon completion of the per iod of
suspension (4 months), the Oklahoma
Real Estate Sales Associate license
of Respondent Dennis Barry will be
reinstated;
4. The Respondent Dennis Barry be required
to comply with all terms and provisions of
the sentence rendered by the United States
District Court for the Western District of
Oklahoma (CR-09-273-2-R);
5. Respondent Dennis Barry be placed on
probation until February 2, 2015;
6. Respondent Dennis Barry be required to
attend and complete within six (6) months
from the date of receipt of the Final Order,
three (3) hours of continuing education
concerning the subject of “Professional
Standards”;
7. Respondent Dennis Barry be required to
attend and complete, within six (6) months
from the date of receipt of the Final Order,
three (3) hours of continuing education
concerning the subject of “Laws and
Rules”;
8. Respondent Dennis Barry be required to
“self-report any violation of his probation
within ten (10) days of the occurrence; and
9. Respondent Dennis Barry be required to
provide a written quarterly report to the
Commission, informing the Commission
as to the status of his restitution payments,
until the restitution has been fully satisfied.
Jennifer C. Barry in violation of:
• Title 59 O.S. §858-312, Subsections 8, 9 and
19, in that she pled guilty to the criminal
charge of conspiracy to commit bank fraud,
in the United States District Court for
the Western District of Oklahoma (Case
Number CR-09-273-2-R).
The Commission ordered the following
sanctions against Jennifer Barry:
1. The Oklahoma real estate sales associate
l icense of Jennifer Bar ry shall be
suspended for a period of four (4) years,
with three (3) years and eight (8) months
suspended;
2. That upon completion of the suspension,
the Oklahoma real estate sales associate
license of Jennifer Barry will be reinstated;
3. That Jennifer Barry shall be placed on
probation until February 2, 2015;
4. That Jennifer Barry shall be required
to attend and complete three (3) hours
of continuing education concerning the
subject of “Professional Standards, and
that the continuing education be completed
within six (6) months from the date of
receipt of the Final Administrative Order;
5. That Jennifer Barry shall be required
to attend and complete three (3) hours
of continuing education concerning the
subject of “Laws and Rules”, and that the
continuing education be completed within
six (6) months from the date of receipt of
the Final Administrative Order;
6. That Jennifer Barry shall be required to
“self-report” any violation of her probation
with the United States District Court for
the Western District of Oklahoma, new
arrest(s) and/or charges within ten (10)
days of its occurrence, and
7. That Jennifer Barry shall be required to
provide a written quarterly report to the
Commission, informing the Commission
as to the status of her restitution payments,
until full restitution has been satisfied.
C-2009-039: April Louise Hickey (SA) –
Okmulgee
April Louise Hickey in violation of:
• Title 59 O.S. §858-312 Subsections 8, 9
and 15, in that her Declaration in an action
before the Department of Real Estate in
the State of California (Case Number
H-5334 SAC), in which she stated that the
allegations made against her consisting
of substantial misrepresentations, fraud
and dishonest dealings in violation of the
Business and Professions Code of the State
of California could be considered as true
and correct.
April Louise Hickey (SA) license was
revoked 6-30-2011.
C-2008-077: Carolyn Harris
Realty Incorporated, Carolyn R.
Harris-Beck (BM), Pamela Denise
Vallandingham (BA) and Merrily
Darlene Short (SA) – Shawnee –
Carolyn Harris Realty Incorporated, Carolyn
Harris-Beck, Pamela Vallandingham and
Merrily Short in violation of:
Title 59 O.S. §858-312, Subsections 8 and 9
and Rules 605:10-17-4(3) and 605:10-17-4(12),
in that they failed to advise the complainant
of the discrepancies regarding the size of the
acreage which was being purchased by the
complainant.
Carolyn Harris Realty Incorporated and
Carolyn Harris-Beck in violation of:
• Title 59 O.S. §858-312, Subsections 8 and
9 and Rule 605:10-17-46), in that they
failed to properly supervise the activities
of respondents Pamela Vallandingham and
Merrily Short.
The Commission ordered that Respondents
Ca rolyn R. Ha r r i s -Be ck, Pamela
Vallandingham and Merrily Short be ordered
to pay an administrative fine of Five Hundred
Dollars ($500.00) each, for a total of One
Thousand Five Hundred Dollars ($1,500.00),
and to dismiss the case against Carolyn
Harris Realty Incorporated.
JUNE 2011
C-2011-024: Trina Tahir (BM) –
Oklahoma City
Violations by respondent:
Title 59 O.S. §858-312, Subsections 8 and
9, in that she entered into a Plea Agreement
in the United States District Court for the
Western District of Oklahoma, by the terms
of which she agreed to plead guilty to one (1)
count of violating 18 U.S.C §1956 (a)(1)(B)(i)
– Money Laundering.
The Oklahoma Real Estate broker license
of Respondent Trina Tahir was summarily
suspended, pending a formal hearing.
As of 12-09-11 the license suspension is still
in effect while respondent appeals the plea
entered in her Federal case.
AUGUST 2011
C-2010-015: Tamitha Lynn Powell (SA)
– Bartlesville
Violations by respondent:
• Title 59 O.S. §858-312, Subsections 8 and 9
and Rule 605:10-17-4 (12), in that she wrote
checks on real estate trust and operating
accounts belonging to Donna Barclay and/or
REMAX of Bartlesville, and converted the
funds to her personal use, and
• Title 59 O.S. §858-312, Subsections 2, 8
and 9, in that she stated that she performed
certain cleaning services on behalf of her
sponsoring broker, requested payment for
and accepted payment for those services
from her sponsoring broker, which services
were not actually performed.
Respondent Powell consented to the
revocation of her Oklahoma real estate sales
associate license.
C-2010-052: Chondra Michelle
Martinez (SA) – Tulsa
Respondent in violation of the following:
5
Commission Comment 4th Quarter 2011
• Title 59 O.S. §858-312, Subsections 6, 8 and
9 and Rule 605:10-13-2(1), in that she failed
to turn over earnest money and the signed
contract to her broker;
• Title 59 O.S. §858-312, Subsections 8
and 9 and Rule 605:10-17-4(4), in that she
prepared a contract that failed to contain the
proper dates, and
• Title 59 O.S. §858-301, in that she engaged
in real estate activities which require an
active license at a time during which her
license was on inactive status.
The Commission ordered that Respondent
Chondra Michel le Mar t inez pay an
administrative fine of One Thousand Dollars
($1,000.00) and that her Oklahoma real estate
sales associate license be revoked effective
09-12-11.
C-2010-059: Chondra Michelle
Martinez (SA) – Tulsa
Respondent in violation of the following:
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-17-4(9), in that she failed to
submit a written response to the complaint;
• Title 59 O.S. §858-312, Subsections 6, 8 and
9, in that she failed to account for or remit
monies coming into her possession which
belong to others;
• Title 59 O.S. §858-312, Subsections 8 and 9
and Rule 605:10-13-2(2), in that she failed to
provide a copy of the signed contract to the
complainant, and
• Title 59 O.S. §858-301, in that she engaged
in real estate activities which require an
active license at a time during which her
license was on inactive status.
The Commission ordered that Respondent
Chondra Michel le Mar t inez pay an
administrative fine of One Thousand Dollars
($1,000.00) and that her Oklahoma real estate
sales associate license be revoked effective
09-12-11.
C-2010-046: Ernie Philpott Realty
Incorporated, Paul L. Powell (BM),
Charley Mcgill (BA) and Gary B.
Surber (SA) – Chickasha
Ernie Philpott Realty Incorporated and Paul
L. Powell in violation of:
• Title 59 O.S. §858-312, Subsection 8 and
Rule 605:10-17-4(12), in that they provided
to the complainant a “Confirmation and
Acknowledgment of Disclosures of single
party broker with brokerage agreement”,
but provided to the Commission an altered
“Confirmation and Acknowledgment of
Disclosures of transaction broker without
written brokerage agreement”.
The Commission ordered that Respondents
Ernie Philpott Realty Incorporated and Paul
L. Powell each pay an administrative fine of
Two Hundred Fifty Dollars ($250.00) and that
the case against Charley McGill and Gary B.
Surber be dismissed.
C-2010-050: Realty Iii Incorporated,
Phil L. Edwards (BM) And Jeffrey
Scott Shaffer (SA) – Enid
Jeffrey Shaffer in violation of:
• Title 59 O.S. §858-312, Subsections 8 and 9
and Rule 605:10-17-4(20), in that he signed
the names of the complainant and her
husband to the Agreement for Extension of
Close of Escrow without the written consent
of the complainant.
The Commission ordered that Respondent
Jeffrey Shaffer pay an administrative fine
in the amount of Seven Hundred and Fifty
Dollars ($750.00) and complete six (6) hours
of continuing education, in addition to that
required by law.
The Commission also ordered that the case
against Realty III Incorporated and Phil
Edwards be dismissed.
U-2009-003: Remington Realty LLC
(Unlicensed) and Michael Remington
(Unlicensed) – Tulsa
Michael Remington in violation of:
• Title 59 O.S. §858-401, in that he engaged in
real estate activities while not possessing an
Oklahoma real estate license.
The Commission ordered that the case
against Respondent Remington Realty LLC
be dismissed, and that Respondent Michael
Remington pay a fine of Five Thousand
Dollars ($5,000.00).
No fine payment received; case forwarded
to Attorney General’s Office to pursue
collection.
UC-2009-004: T&T Properties
(Unlicensed), Redeanna Lynn Walker
(SA), Back Home Realty LLC And
Rebecca Floyd Martin (BM) –
Oklahoma City And Blanchard
Redeanna Lynn Walker in violation of:
• Title 59 O.S. §858-301 and Rule 605:10-17-
1, in that she managed rental properties,
collected rents and charged management
fees at a time when her license was on
inactive status.
The Commission ordered that Respondent
Redeanna Lynn Walker pay an administrative
fine of $1,000.00 and that her Oklahoma
real estate sales associate license be revoked
effective September 28, 2011. The case
against Respondents T&T Properties, Back
Home Realty LLC and Rebecca Floyd Martin
was dismissed.
SEPTEMBER 2011
C-2010-031: Todd Franklin Curtis (SA)
– Norman
Respondent in violation of:
• Title 59 O.S. §858-312, Subsections 6, 8 and
9 and Rules 605:10-13-2(1) and 605:10-17-
4(12), in that he failed to turn over the sum
of $23,635.50 he received as payment for
real estate-related services to his sponsoring
broker.
The Commission ordered that Respondent
Todd Cur t is be ordered to pay an
administrative fine of Five Thousand Dollars
($5,000.00) and that his Oklahoma real estate
sales associate license be revoked effective
December 1, 2011.
C-2010-055: The Alliance Real Estate
Group Incorporated, Regina M. Yager
(BM), The Alliance Real Estate
Group Incorporated (BO), H. Leon
Brown (BB) and Brenda Ann Meadors
(SA) – Oklahoma City
Brenda A. Meadors in violation of:
• Title 59 O.S. §858-312, Subsections 2, 8 and
9 and Rules 605:10-17-5(2) and 605:10-17-
4(12), in that she failed to furnish copies of
the second (amended) inspection report to
the complainant.
Respondents The Alliance Real Estate Group
Incorporated, Regina M. Yager, The Alliance
Real Estate Group Incorporated (BO) and H.
Leon Brown were found to be in violation of
the following:
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605:10-17-4(6), in that they failed to
properly supervise the activities of Brenda
A. Meadors.
The Commission ordered that That
Respondents Alliance Real Estate Group
Incorporated, Regina Yager, Al l iance
Real Estate Group Incorporated (BO), H.
Leon Brown and Brenda Meadors pay an
administrative fine of One Thousand Dollars
($1,000.00) each, and that Respondent
Meadors successfully complete six (6) hours
of continuing education within six (6) months
of receipt of the final order.
C-2010-071: Metro Properties LLC,
Angela M. Penry (BM), ABW Edmond
Incorporated and Susan Kessler
Miller (BM) – Oklahoma City and
Edmond
Angela Penry in violation of the following:
• Title 59 O.S. §858-312, Subsections 6, 8
and 9 and Rule 605:10-13-1, in that she
failed to remit to the complainant the sum of
$1,100.00 in rental proceeds which had been
collected by her;
• Title 59 O.S. §858-312, Subsections 8 and 9
and Rule 605:10-17-4(9), in that she failed
to remit to the complainant the sum of
$1,100.00 in rental proceeds which had been
collected by her;
• Title 59 O.S. §858-312, Subsection 9 and
Rule 605: 10-9-5(c), in that she failed to
notify the Commission of a change in her
residence address within ten (10) days;
• Title 59 O.S. §858-356, in that she failed
to comply with the broker relationship
disclosure requirements in connection with
continued on page 6
6
This publication, printed by The University of Oklahoma Printing Services, is issued by the Oklahoma Real Estate Commission as authorized by Anne M. Woody,
Executive Director. 19,200 copies have been prepared and distributed at no cost to the taxpayers of the State of Oklahoma. The entire cost of preparing this publication
has been borne by the Real Estate Licensees through their Education and Recovery Fund Fees. Copies have been deposited with the Publications Clearinghouse of the
Oklahoma Department of Libraries.
Go online at http://www.orec.ok.gov/renewal to view the status of your continuing education.
OKLAHOMA REAL ESTATE COMMISSION
Shepherd Mall
2401 N.W. 23rd Street, Suite 18
Oklahoma City, Oklahoma 73107-2431
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PAID
Permit #317
Oklahoma City, OK 731
the property management agreement
entered into with the complainant on the
date of October 7, 2007, and
• Title 59 O.S. §858-312, Subsections
8 and 9 and Rule 605:10-17-4(17), in
that she provided false or misleading
information to the Commission
during the course of an investigation
by informing the Commission that
check number 6019, payable to the
complainant in the sum of $550.00
and written on the account of Metro
Properties LLC, had cleared her bank
on April 19, 2010, when, in fact, the
check had been returned due to
insufficient funds.
The Commission ordered that the
Oklahoma real estate licenses of Metro
Properties LLC and Angela M. Penry be
revoked effective 11-01-11 and the case
dismissed on ABW Edmond Inc. and
Susan Miller.
NOVEMBER 2011
UC-2010-001: Amanda Dailey
(Unlicensed) and Donald Richard
Jones (BP) – Dallas, Tx
Amanda Dailey in violation of:
• Title 59 O.S. §858-301, Title 59 O.S.
§858-312, Subsection 9 a nd Rule
605:10-7-1, in that she engaged in
real estate activities in the State of
Oklahoma without possessing an
Oklahoma real estate license.
Donald Jones in violation of:
• Title 59 O.S. §858-312, Subsections 7,
9 and 14 and Rule 605:10-7-1, in that he
permitted an unlicensed individual to
act as a sales associate.
The Commi s sion ordered tha t
Respondent Amanda Dai ley and
Respondent Donald Jones each pay an
administrative fine of One Thousand
Dollars ($1,000.00).
Disciplinary Action continued from page 5
the complainant, the licensee, his or her
broker, witnesses, reviewing all pertinent
documents and so on, all in an effort to
determine what really happened in order to
arrive at an appropriate disposition.
After considering the foregoing, and many
other things too numerous to mention, I
want to express my gratitude to both the
Commissioners and the staff. Suffice it
to say that I believe that the Commission
does a wonderful job in regulating the real
estate industry, while at the same time
balancing the public’s rights to protection
and transparency, and the licensees’ rights
to make a living while acting within the
parameters established by the legislature
and the Commission. The Commission at
large, and particularly the staff, do a very
fine job indeed balancing these rights and
entitlements, serving both masters in the
operation of a well-oiled machine. It is a
privilege to participate in this process, and
I invite all of you to attend a Commission
meeting to witness the process first hand.
Chairman’s Corner continued from page 2